PEOPLE OF THE PHILIPPINES VS MARVIN CAYANAN

G.R. No. 200080| September 18, 2013 | Reyes, J

DOCTRINE: Forcible abduction is absorbed in the crime of rape if the real

objective of the accused is to rape the victim.

FACTS: Cayanan raped the victim twice. The first incident was on February 1,
2001 where she was caressed by Cayanan while sleeping and he forcefully
removed her undergarments and inserted his penis into her genitalia. The
second incident was on February 26, 2001, where the victim was about to enter
the school campus she was grabbed by Cayanan into a tricycle. He brought her
to Bulacan to buy a change of clothes and then brought her to his sister’s house
and raped her.

DEFENSE: Cayanan interposed the sweetheart defense.

CRIME CHARGED: Qualified Rape and Forcible Abduction with Qualified Rape.

RTC: Found him guilty beyond reasonable doubts. CA affirmed.

ISSUE: Whether the Petitioner was properly charged

RULING: No

The Court held that Cayanan should only be convicted of Qualified Rape.
Forcible abduction is absorbed in the crime of rape if the real objective of the
accused is to rape the victim. In this case, circumstances show that the victim’s
abduction was with the purpose of raping her. Thus, after Cayanan dragged her
into the tricycle, he took her to several places until they reached his sister’s
house where he raped her inside the bedroom. Under these circumstances, the
rape absorbed the forcible abduction.